Addendum

Click here for PDF* Introduction When fourteen-year-old Sarah[1] first signed up for ask.fm, an anonymous, question-based social media site, the questions and answers were simple and fun.[2] But soon she started getting more sinister messages.[3] Anonymous posters began to tease Sarah about the boy she had a crush on at school.[4] Her mother was sure Sarah’s classmates were sending the messages, but there was no way to prove their identity.[5]… READ MORE

Click here for PDF* Introduction Imagine the world’s richest person, Bill Gates, and his more than $80 billion net worth.[1] Now imagine 136 equally wealthy individuals, whose combined $11 trillion net worth[2] would exceed the 2013 gross domestic product (“GDP”) of every country in the world except for the United States.[3] Finally, imagine that all of these individuals and their associated wealth very quickly disappeared, such that every person even… READ MORE

Click here for PDF*** Introduction Intercollegiate athletics has experienced substantial financial gains over the course of the last two decades. During that time, student-athletes have demanded a larger piece of the pie, but the National Collegiate Athletic Association (“NCAA”) and its member institutions have refused to adopt policies that would allow for such gains. When legislative changes wane, litigation often spurs change. Ed O’Bannon, a former star men’s basketball student-athlete,… READ MORE

Click here for PDF* Introduction “If I see guns on TV where people are getting killed, I change the channel.”[1] These were the words of Ezekiel Gilbert, shortly after a Texas jury acquitted him of the murder of twenty-three-year-old Craigslist escort Lenora Ivie Frago.[2] The murder charge stemmed from an incident on Christmas Eve 2009 where Gilbert, believing Frago’s $150 fee included sex, shot Frago after she… READ MORE

Click here for PDF Introduction* The Home Affordable Modification Program (“HAMP”) “seems to have created more litigation than it has happy homeowners,”[1] or so the Ninth Circuit recently acknowledged in Corvello v. Wells Fargo Bank, N.A.[2] HAMP was created as an administrative program in late 2008 in response to the nationwide housing collapse and recession.[3] The initial goal of HAMP was to aid “3 to 4 million at-risk… READ MORE

Click here for PDF Big (Gay) Love: Has the IRS Legalized Polygamy?* Anthony C. Infanti** If the Supreme Court says that you have the right to consensual [gay] sex within your home, then you have the right to bigamy, you have the right to polygamy, you have the right to incest, you have the right to adultery. You have the right to anything. —Sen. Rick Santorum[1] Introduction Bigamy and polygamy… READ MORE

It is now a matter of public knowledge that the U.S. government has operated, as part of its counterterrorism policy since September 11, 2001, a major program of extrajudicial targeted killings via unmanned aerial vehicles (i.e., “armed drones”). Undertaken by the U.S. military and the CIA pursuant to the 2001 Authorization for Use of Military Force (“AUMF”), U.S. drone strikes have targeted members of Al Qaeda and their vaguely defined… READ MORE

“[W]hile the loss of a job is often devastating to an employee and at times unfair, these considerations do not play a role under our employment-at-will doctrine, and our exceptions to this law, such as sex discrimination, are only based on the underlying discriminatory motivation of the decision maker.”

The Supreme Court will hear a case during its 2013-2014 term that will test the principles of both its conservative and the liberal wings. In Mississippi ex rel. Hood v. AU Optronics Corp., Justices from each wing of the Court will be forced to choose between the modes of statutory interpretation they usually have favored in the past and their previously displayed pro-business or anti-business predispositions. The issue is whether… READ MORE

Swabbing the inside of a cheek has become part of the custodial arrest process in many jurisdictions. The majority view is that routinely collecting DNA before conviction (and analyzing it, recording the results, and comparing them to DNA profiles from crime-scene databases) is consistent with Fourth Amendment protections against unreasonable searches and seizures. However, some judges and commentators have argued that DNA sampling in advance of a determination by a… READ MORE

“Unprecedented,” “unethical,” “pure chicanery,” “fundamentally unconstitutional”: all of these phrases were used to denounce the now-infamous “midnight session” held by the North Carolina General Assembly on January 5, 2012. After being called into session by Governor Beverly Perdue on January 4 to consider overruling a gubernatorial veto of Senate Bill 9—a reformation of the Racial Justice Act (“RJA”)—the Republican leaders of the House of Representatives employed procedural gymnastics to permit… READ MORE

For nearly a century, advocates of raising North Carolina’s legal age of adulthood have tried in vain to enact their agenda through legislative campaigns. The reform efforts have recently increased, but the results have been the same: all seven of the proposed raise-the-age bills introduced in the past three legislative sessions have failed prior to even reaching the senate and house floors for a vote. This comment implores the age… READ MORE

The Internet traces its roots back to the late 1960s when “computers at Stanford and UCLA connected for the first time.” There were incremental advancements from that point forward, but the start of the Internet boom came in the mid-1990s. Between 1995 and 1999 the number of Internet users increased from around 16 million to near 250 million. This trend has continued, and it was estimated that there were around 2.4 billion people… READ MORE

Recently, the Supreme Court held that the Clean Air Act displaces federal common law public nuisance claims. This ruling struck a significant blow to climate change plaintiffs, as the nuisance doctrine had become critical for parties seeking the abatement of greenhouse gas emissions and damages for harms caused by those emissions. Because the Court has declined to rule on the viability of state law tort claims, some scholars believe an… READ MORE

Typically, the phrase “piracy on the high seas” conjures up images of seventeenth and eighteenth century buccaneers looting the ships of rich monarchies. Perhaps due to this sentiment, Congress has not felt the need to substantively amend its general piracy statute—18 U.S.C. § 1651—in over 150 years. Maritime piracy, however, is making a comeback of sorts off of the coast of East Africa, a comeback that creates an issue for the… READ MORE

91 N.C. L. Rev. 119 (2013)

About Addendum

The North Carolina Law Review’s online supplement, Addendum, is a new forum for legal academics, practitioners, judges, and students to publish cutting-edge scholarship. Each article published in Addendum undergoes a rigorous editing process, but because the editing process is not restricted by print-publication timelines, articles can be published faster than pieces released in the Review’s print edition.